By Jerromie S. Walters
Forum CIV, a local NGO operating in Liberia, has concluded a one-day Policy Dialogue, inteinsicallly on Women and Rural Communities Land Rights, in implementing partnership with actionaid Liberia and Forum Den-L.
As women heighten their quest for legal ownership of land, Forum CIV held the dialogue Friday, February 2, 2024, in Sinkor, tagged: “Secured land rights for women and rural communities is key to economic and inclusive growth.”
Authorities of the institution say the dialogue, which conglomerated different Cvil Society Organizations, the Liberia Land Authority and and the National Civil Society Council of Liberia, was intended to afford CSO an opportunity to revisit their 2022 policy brief, and make the needed amendments to where actions have been applied by the Liberia Land Authority (LNA), as well as included more recommendations where required.
Forum CIV Program Manager, Mrs. Agnes Kormanretrospected that In 2021, the institution, ActionAid and other institution collaborated and embarked upon a project in the southeast, called: “Secured land rights for women and rural communities in southeastern Liberia.”
She records that the project covered three years, 30 communities in three counties and is expected to end comes February 14, 2024. Under said project, a policy brief that captured apt recommendations was designed in 2022, rallying the Liberia Land Authority (LLA) to make the 2018 land right act a reality, not just at the National level, but at the local level.
As it has taken over a year, she acknowledges that the Liberia Land Authority (LLA) has acted upon some of the concerns highlighted in the policy.
With this, they believe the need for amendment is crucial to enable them concur with current reality.
In a brief remark during the opening of the dialogue, Liberia Land Authority (LLA), pointed out the significance of the initiative and assured her commitment and support.
“My pledge my full commitment from my department and my office towards this process.”
He embrace the need for cooperation between the Liberia Land Authority (LLA), and Civil Society Organizations (CSOs) in Liberia, as she believes it’s the pillar in address land constrains Liberians are confronted with, as well as those the LLA is challenged with.
In a summary presentation on the key finding and policy gaps of their policy brief, Forum CIV Program Manager
, Mrs. Agnes Korman and Mr. Yarsiah, Ed. RRF, and Facilitator, noted that for
Customary land governance, findings from the study show that bencficiarics in target communi-ties under the Securing Land Rights for Women and Rural Communities in South-castern Liberia governance structure contradicts the 2018 pro-gressive Land Rights Act.
“Gender has not been
fully mainstreamed through the community landgovernance structure. However, with the level of capacity building and awareness conducted, communities, cspecially women have gaincd sig-nificant confidence in themsclves and are now willing to handle land administration and local land governance. Another major challenge is the power struggle among community structures esta-blished at the community level. The enactment of the 2009 Community Rights Law established one structure (Community Forest Management Bodis, Community Forest Development Committee) and the 2018 Land Rights Act (Community Land Development Management Committee,). The major challenge between the two groups is reportingand decisions making relating to developmental initiatives and how communities are affected.”
Another, amongst the different findings of the policy brief is Capacity gaps. The report says at the time, Several community structures in-cluding traditional leaders, counties land administrators, rural communities, CSO%, CBOS, Women
Network, Youth group and land technicians have limited knowledge on related legal frameork/tools that recognize land and community’s protec-tion. “Consequently, there is a need for capacity st-rengthening for most community structures. This
will serve as catalyst to the implementation of the 2018 Land Rights Act at the local level. Moreover,bthere is a necd for communities to be cquipped
Wtn te requisite legal provision of the law and modern land applications/tools to help commu-administration, and digitalize customary ommunities resolve boundary disputes, decentralize land cities land mapping.”
On Monitoring and coaching, it was made know that Some rural communities have begun to lease land space. On the other hand, local authoritics are still issuing public land sales /tribal certificates to some community members although they do not meet the requirements as set forth by the 2018 Land Rights Act and the proclamation of 2010 public land sale. “There are series of allegation against counties land adminis
trator to be involved in the above act. this is se-riously impeding the objective of the 2018 Land right Act while at the same time creating serious conflicts among rural communities.”
Under Communities land use and management plan, the policy brief provides that since the passage of the Land Rights Act in 2018, most communities at the time didn’t didn’t put in place the standardized land use and management plans for their
customary land as developed by the Liberia Land authority, According to them, the communities subscribe to the usa ges of their cultural and traditional norms which are not gender sensitives. This situation, the report says continues to worsen the hardship and under- development in rural communities’ face by traditional stakeholders (Neighbouring communities).
Under Tenure security, the 2022 policy brief provides that at the time, land tenure for women and rural community weren’t secured. They held the belief at the time that there was a perceived
likelihood of encroachment on community land, neighbouring clans, elites, investors, and government oficials). As disclosed by the CSO in the brief, the perceived risk of en-croachment on rural community’s land by the abo-ve-mentioned actors were increasing over time.
.
“This calls for the development/finalizing of the different regulations and speedy customary land formu-lization process as enshrine in the progressive 2016 Liberia Land Authority Act and 2018 Land Rights Act. The full implementation of the 2018 Land Rights Acts is expected to curtail land gapping and leasing of customary land by few persons Boundary harmonization:
Commnunities of intervention under the Securing Land Rights for Women and Rural Communities in South-castern Liberia (SLRWRCSL) project face serious boun dary disputes The disputes are similar in almnost
all the rural communities in that region, Incrcase in knowledge on land has resulted to disagrcements on histoic/ traditional boundaries that was agreed on by the past generation, This situ-ation has resulted to several boarder disputes and warrants swift intervention from government of Liberia especially the Liberia Land Authority and actors in the land sector. Community participato-ry mapping and boundary harmonization are very essential to the Community Land Formalization process mentioned within the 2018 Land Rights Act to curtails boundary disputes.”
With regard to Livelihoods, the brief said at the time, women were still at a disadvantage
when it came to access and land ownership although they are the major users of land. Women use land for most of family livelihood which include, food sccurity, improvement of family economic status, healthcare, shelter, and sustaina-bility. Notwithstanding, traditional norms and cul-tural barriers in rural communitics have crcated impediments for women’s livelihoods. Women in most instances lack the support from heir males counterpart to grow life trees like rubber, cocoa and oil palm. Women are restricted to growing fruits and vegetables that are gown and harvested on an annual basis Since the global epidemics of Covid-19 rural women who were constraint to en gaged in petty businesses to sustain their families face some challenges in catering to the needs of their families Subsistence farming was also affec-ted by the epidemic, and this had an adverse effect on houschold food security.”
Under Equal benefit sharing, the brief noted: “Women in rural com
munities face series of challenges from their male counterpart in accessing their rights as prescribe in legal documents like 2018 land rights Act, In heritance law, Equal Rights of Customary Marricd Law, the Civil Procedure Law, the Domestic Rela-tion Law, the Community Rights Law, the Consti-tution of Liberia. This is also extended to many other international treaties that Liberia is signatory to. Therefore, the government of Liberia, line ministries and agencies nced to act to ensure that women in rural communities enjoy cqual benefit as per their rights as citizen of Liberia.”
Following the findings, several recommendations were proffered on the
Customary land governance and boundary harmonization: Communities recognition and pro-section, Womens participation in the developmet of land policies and regulations is fundamental 8o increasing rural communities and women’s right to land and propertg Land policies and egulations nced to be based on the principle of ecnder equality, equal protection, benefits sharing, participatory/inclusive governance structure, and empowerment regarding land rights.
“There must be clear objectives/goals on equal and realistic richt to land. Indicators and base-line data are im-ion. Boundaries harmonization remains key to the fulfilment of Community Land Formalization process in rural communities’ reference within the 2018 Land Rights Act on land tenure. The Liberiation, land reform (for example in post-conflict aise with relevant linc ministries and agencies to ensure cqual rights are protected and distributed portant to enable follow-up during implementa-Land Authority need to prioritize land redistribu settings), customary and family land laws, and li including marital and inheritance laws, provides an opening toward a more gender cqual legal framework Land and policies: the Liberia Land Authority (LLA) as per her statutory mandates enshrined within the 2016 Land Authority Act needs to step-up her game in the development and completion of basic Regulations to ensure the smooth imple-mentation of the 2018 Land Rights Act referen-cing Customary Land Formulation, Tribal Certi-ficates vetting process, Customary governance/election (CILDMC) guidelines, Disputes redress mechanism, and gender responsive land policy. The LLA is to facilitate informed policy making through supporting Communities engagements, Focal group discussion, dialogue/forum, resear-ch, and desk review with relevant actors.”
Also amongst the recommendations was the need for land legislation.
The brief: “in Liberia that regulate women’s right to land. En-suring equal rights could begin with analysing how promote women’s ights irrespective of their existing land legislation, marital (incuding divorce) law and inheritance laws interact in termns of women’s right to land and how statutory law canrital status, By looking at legislation on land, divor-ce, and inheritance for women’s right to land and the consequences of proposed legal change.; encourage legislation/regulations to make joint it-ling (by spouses) of private property or ownershiprights, the default option in the registration pro-cess Ensure regulations on the vetting process of tribal certificates registration process, analysing the participation of civil society, female local leaders, traditional stakeholders, gender experts and land actors in order to guaranteea critical and realistic community driven land Rights tool When a coun-try undertakes legal reform, dialoguc in raising the nced to safeguard women’s and customary Land Rights according to signed and ratified nationalvand international legal frameworks such as the Convention on the Elimination of AIl Forms of
Discrimination against Women (CEDAW).”
It continues: “The Land Rights Act, The Human Rights Base App-roach, amongst others are to be taken in serious consideration. That country’s constinution its Civil Procedure and descendent Estates law should steer clear from contradictions. Assist in building knowlcdge and capacity on gender equality, land administration, survey and paricipatory mapping, dispute resolutions, governance, leadership in right to land and the upcoming legislative/regu-lations process among actors such as legislators, civil society, rural communities, and land users. Implementation of land laws: The passage of laws is not enough to secure rural communities and women’s right to land. The cffectiveness of laws depends on the development of regulations that outline the clear procedures, create massive awareness on the different legal frameworks, the abilities to invoke and ensure social acceptance, including to what extent cultural norms and tradi-tions are practiced but don’t influence formal laws.”
In their opinion, there is a need for the Liberia Land Authority to rectify the power struggle in rural communities to fulfill their task toward these bodies as
by carifying the difference bctween CILDMC & per the 2016 Land Authority Act.
CEMB who reports to whom, even though one group works on land and the other on forest. Since the passage and Implementation of the 2018 Land Rights Act, there has been many land Rights Conferences organized by National Land actors and the Liberia Land Authority reviewing the progress made within the land sector. “Rural com-munities still await the outcomes from those conferences in addressing the challenges and gaps facod. There is need that the Liberia Land Authority lcarn lessons from the relationship between the Forestry Devclopmcnt Authority and the commu-nity forestry working group by empowering the Civil Society Organization Working Groups on land tenure reform, to serve on the key committe-es in the development of regulations, creation of tribal certificates validation procedures, qualifying CLDMC clection guidclines and clection results and to create mechanisms to monitor the enforce-ment of laws on rural community protection and women’s right to land.”
Under Enforcement, the brief says the enforcement of legal instruments and compliances enablce smooth implemen-tation of laws and regulations. With this, they say It is important that bencficiaries familiarize themsclves with laws that recognize and protect them. In their opinion, enforcement empowers the parties to have equal rights to-tions and actors such as lawyers, legal aids, etc. well as the ability to make a claim. Most enforce-ment is jeopardized by weaknesses in line agencies and the institutional capacity of the judicial system or relevant institution to implement laws or handle all incoming cases, corruption, biased courts, and legal officers (who adhere to discriminating norms), and conflict situations in which the legal system and law enforcement tend to be run, or even neglected, by the relevant actors.
“The 2016 Liberia Land Authority Act oulined these two basic organizations “Part Ill: The national Consultative Forum (NCE) of the Authority & and transparency within the land sector, until now women and rural communities sill await to reap the outcomes fromn these organizations. The LLA Part VI: 41.0 – 43.2 County Land Governance” with a clear mandate in ensuring accountability the Government of Liberia nced to Support capacity building of law enforcement institutions such nity protection and gender sensitization training, for land technicians and administrator to compre- work. Support the redress mechanisms (NGO,, CSOs, CBO%, paralegals, and formal institutions) that assist rural communities and women to claim Capacity gaps: The Liberia Land Authority and as courts, local authority, and police, in communitues as well as by raising awareness of existing laws and tools to support rural communities and women’s land rights, Support capacity development hend the laws and tools that are required for their legal rights.”
Moreover, the 2022 CSOs policy brief recommended the need for Monitoring and coaching: “The Liberia Land
authority nceds to increase her monitoring and political sub-divisions to ensure full compliance coaching to county land offices across the 15 of the 2018 Land Rights Act and their mandates mentioned within the 2016 Land Authoriy Act of Liberia. This will curtail the misstep in rural communities by county land actors and build thcir possible solution. capacities in handling real land issues and!finding. Land administration: Land administration pro-as vides opportunities to ensure that land laws and agrecmnents regarding land rights are formalized and improve tenure security. Land administration deals with governance, surveying, titling, delimita-policies are in full compliance to the benefit of all, it ensure rights are implemented, informaltion, registration, mapping, profiling, disputes, and user rights.”
According to them, It ensures equal rights to land in different systems of land tenure for all. When these are done accordingly there will be an increase of interest by rural community and women in raising their voices in land issues. The Liberia Land Authority needs to act by ensuring through analysis or dialogue that individual land titling and regis-tration processes do not take away rights that rural community and women have had in a customary tenure system. Support the creation of a systematic land titing system which is accessible to all.
